The difference between an EOT application that is granted and one that is whittled down is rarely the argument. It is whether the records exist. This list is ordered by how often the absence of each category damages Indian infrastructure claims, in our reading of published arbitration outcomes and practitioner commentary.
Must be created at the time
These cannot be reconstructed. If the site did not make them when the hindrance was live, they do not exist.
| # | Record | What good looks like |
|---|---|---|
| 1 | Hindrance register | Numbered entries with occurrence and removal dates, location, responsible agency, letter reference, AE countersignature |
| 2 | Site diaries | Daily, signed, with weather, manpower, plant, and the specific obstruction noted; handwritten is fine if photographed and filed |
| 3 | Dated photographs and video | Of the obstruction itself: the un-handed-over land, the utility pole, the flooded stretch; with date and chainage |
| 4 | Notice letters and follow-ups | Numbered, dispatched, with proof of delivery; follow-ups on continuing hindrances at a fixed interval |
| 5 | Programme baseline and monthly updates | Submitted to the AE at the time, showing progress as it was, so a time impact analysis is possible later |
| 6 | Manpower and plant deployment records | Daily returns showing what was idle where, feeding both the delay narrative and the prolongation cost |
Should be kept as a matter of routine
| # | Record | Why it matters |
|---|---|---|
| 7 | Meeting minutes | Monthly progress meetings where hindrances were raised; an AE-signed minute is near-countersignature |
| 8 | RFIs and responses | Late responses are classic hindrances; the RFI log shows the gap |
| 9 | Drawing register with revision dates | Proves when a drawing was needed versus when it arrived |
| 10 | Instructions and variation orders | Scope changes that consumed time |
| 11 | Weather records | From the nearest official station where possible, for monsoon and abnormal weather events |
Can be collected later
| # | Record | Note |
|---|---|---|
| 12 | Contract with all Schedules and amendments | Essential for clause citations; obtainable from the file |
| 13 | Material delivery records | Support disruption and cost heads |
| 14 | Payment certificates and cost records | For the prolongation cost claim, not the time claim |
Using the list as a gap check
For each hindrance, mark which of the fourteen categories exist. The gaps in categories 1 to 6 are the ones to task the site with immediately, while the hindrance is still live and the record can still be genuine. Gaps in 7 to 14 can be filled from the office. A claim that goes in with the first six complete and honestly cited is already ahead of most.
What this means in practice
- Run the gap check per hindrance, not per project.
- Task the site with categories 1 to 6 while the hindrance is live.
- Number every record so the annexure list writes itself.
- Keep cost records separate; they support a different claim.
Every delay event in DraftMyEOT shows a gap checklist across the evidence categories, filling in as records are linked, so the site can be tasked while the record can still be created.
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This article is general information about how these contract mechanisms typically work. It is not legal advice, and it is not a substitute for review of your specific contract by a qualified professional.